BRYANT v. WOODALL

No. 19-1685.

1 F.4th 280 (2021)

Amy BRYANT, M.D., on behalf of herself and her patients seeking abortions; Beverly Gray, M.D., on behalf of herself and her patients seeking abortions; Elizabeth Deans, M.D., on behalf of herself and her patients seeking abortions; Planned Parenthood South Atlantic, on behalf of itself, its staff, and its patients seeking abortions, Plaintiffs-Appellees, v. Jim WOODALL, in his official capacity as District Attorney ("DA") for Prosecutorial District ("PD") 15B; Satana Deberry, in her official capacity as DA for PD 16; Eleanor E. Greene, in her official capacity as President of the North Carolina Medical Board; Mandy K. Cohen, in her official capacity as Secretary of the North Carolina Department of Health and Human Services; and their employees, agents, and successors, Defendants-Appellants. State of West Virginia; State of Alabama; State of Alaska; State of Arizona; State of Arkansas; State of Indiana; State of Kansas; State of Kentucky, by and through Governor Matthew G. Bevin; State of Louisiana; State of Missouri; State of Montana; State of Nebraska; State of North Dakota; State of Ohio; State of Oklahoma; State of South Carolina; State of Texas; State of Utah; Governor Phil Bryant, of the State of Mississippi; The National Catholic Bioethics Center; American Association of Pro-Life Obstetricians and Gynecologists; Christian Medical & Dental Associations; American College of Pediatricians, Amici Supporting Appellant. Lawyers' Committee for Civil Rights Under Law, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 16, 2021.

Amended: June 23, 2021.


Attorney(s) appearing for the Case

ARGUED: Michael T. Wood , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. Genevieve Elizabeth Scott , CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, for Appellees. ON BRIEF: I. Faison Hicks , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. Andrew Beck , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellees. Beverly Gray, M.D. , and Elizabeth Deans, M.D.   Julie Rikelman , Caroline Sacerdote , CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, for Appellee Amy Bryant, M.D., M.S.C.R. Maithreyi Ratakonda , New York, New York, Carrie Y. Flaxman , PLANNED PARENTHOOD FEDERATION OF AMERICA, Washington, D.C., for Appellee Planned Parenthood South Atlantic. Irena Como , ACLU OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Kevin H. Theriot , ALLIANCE DEFENDING FREEDOM, Scottsdale, Arizona, for Amici The National Catholic Bioethics Center, Christian Medical & Dental Associations, American Association of Pro-Life Obstetricians & Gynecologists, and American College of Pediatricians. Patrick Morrisey , Attorney General, Lindsay S. See , Solicitor General, Thomas T. Lampman , Assistant Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Amicus State of West Virginia. Steve Marshall , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ALABAMA, Montgomery, Alabama, for Amicus State of Alabama. Kevin Clarkson , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ALASKA, Anchorage, Alaska, for Amicus State of Alaska. Mark Brnovich , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ARIZONA, Phoenix, Arizona, for Amicus State of Arizona. Leslie Rutledge , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ARKANSAS, Little Rock, Arkansas, for Amicus State of Arkansas. Curtis T. Hill , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF INDIANA, Indianapolis, Indiana, for Amicus State of Indiana. Derek Schmidt , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF KANSAS, Topeka, Kansas, for Amicus State of Kansas. Matthew G. Bevin , Governor, OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Amicus Commonwealth of Kentucky. Jeff Landry , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF LOUISIANA, Baton Rouge, Louisiana, for Amicus State of Louisiana. Phil Bryant , Governor, OFFICE OF THE GOVERNOR, Jackson, Mississippi, for Amicus State of Mississippi. Eric Schmitt , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MISSOURI, Jefferson City, Missouri, for Amicus State of Missouri. Tim Fox , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MONTANA, Helena, Montana, for Amicus State of Montana. Doug Peterson , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NEBRASKA, Lincoln, Nebraska, for Amicus State of Nebraska. Wayne Stenehjem , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NORTH DAKOTA, Bismarck, North Dakota, for Amicus State of North Dakota. Dave Yost , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF OHIO, Columbus, Ohio, for Amicus State of Ohio. Mike Hunter , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF OKLAHOMA, Oklahoma City, Oklahoma, for Amicus State of Oklahoma. Alan Wilson , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Amicus State of South Carolina. Ken Paxton , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF TEXAS, Austin, Texas, for Amicus State of Texas. Sean Reyes , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF UTAH, Salt Lake City, Utah, for Amicus State of Utah. Jon Greenbaum , Kristen Clarke , Dariely Rodriguez , Edward Caspar , LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, Washington, D.C., for Amicus Lawyers' Committee for Civil Rights Under Law.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Diaz and Judge Richardson joined.


North Carolina abortion providers ("the Providers") brought this action to challenge as unconstitutional the State's criminalization of previability abortions. The State officials responsible for enforcement of the challenged statutes, N.C. Gen. Stat. § 14-44 and § 14-45, and the exceptions thereto, ...

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